# Terms of Service

Orbit Labs LLC. (“**Orbit**”, the “**Company**”, “**we**”, “**us**”, or “**our**”) provides consumer software services built on top of the Hedera distributed ledger technology ecosystem. Our Services include but are not restricted to our web application, application programming interfaces, Hedera distributed ledger technology infrastructure, and Hedera smart contracts (the “**Services**”). The Services are primarily accessed through our website, [orbit-hbar.io](https://orbit-hbar.io/), (the “**Platform**”).

These Terms of Service (these “**Terms**” or this “**Agreement**”) (i) set forth the terms and conditions that govern your access to and use of the Platform and Services and (ii) form a legally binding agreement between us and you and/or the entity you represent (“**You**,” “**Your**,” or “**User**,” and each of you and us, a “**Party**”).

**ACCEPTANCE OF TERMS AND PRIVACY POLICY**

Your use of the Platform or Services is conditioned upon your acceptance of these Terms. By accessing or using the Platform or Services in any manner, you expressly acknowledge and agree to be bound by these Terms and all terms incorporated herein by reference. Furthermore, by agreeing to these Terms, you certify that you are at least 18 years of age. Additionally, your agreement to these Terms constitutes your consent to the collection, use, disclosure, and other handling of information as described in our [Privacy Policy](https://orbit-labs-1.gitbook.io/orbit-labs/privacy-policy) (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by reference. If you do not agree to the Terms or Privacy Policy, you should not access or use the Services.

Certain features or assets are governed by additional terms, including the non fungible token (“NFT”) Ownership & License Agreement and any token/NFT-specific terms. In the event of a conflict, the NFT Ownership & License Agreement controls for NFT ownership, transfers, licenses, and NFT utility, and these Terms control for Platform access and Services. Litepapers, FAQs, and marketing materials are informational and non-binding.

**ARBITRATION NOTICE**

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AS DETAILED IN SECTION “MANDATORY ARBITRATION”.

**Platform and Services**

Orbit provides a non-custodial, self-directed DeFi interface and aggregator on the Hedera Hashgraph network. Using their own self-custodied wallets, Users may discover and interact directly with permissionless Hedera smart contracts to execute token transactions, including swaps/buy-sell, limit orders, and related analytics and tooling. Orbit is not a broker, custodian, exchange, or marketplace and does not match counterparties, take custody of assets or keys, or execute transactions on a User’s behalf. All actions are initiated and authorized by Users and settle on-chain via smart contracts authored and/or integrated by Orbit or third parties.

The Platform may provide routing, price quotes or estimates, wallet connection/integration, portfolio and asset views, community features, analytics, and monitoring tools for order execution via publicly accessible mechanisms. Fees and execution are determined by the relevant smart contracts and underlying network, and transactions are final once confirmed on-chain.

**Changes to Terms or Services**

We may modify these Terms at any time in our sole discretion. We will post the updated Terms on the Platform (or successor site), and the updated Terms will be effective as of the time they are posted (unless a later effective date is stated). Your continued access to or use of the Platform or Services after the updated Terms are posted constitutes your acceptance of the changes.

Orbit does not guarantee uninterrupted access to the Platform or Services. Access may be restricted, paused, or discontinued at any time due to network outages, legal compliance requirements, or operational constraints. No liability is accepted for unavailability.

We make no guarantee that the Platform, NFTs, or any related services will continue to be maintained or operated in perpetuity. The continuation of services is subject to technical, financial, regulatory, and operational viability. Orbit reserves the right to discontinue services at any time, with or without notice.

Orbit may delay, scale back, modify, or discontinue planned features or perks for technical, operational, legal, security, or business reasons. Feature delivery is not guaranteed.

**Beta Testing Notice**

Orbit’s Platform is currently undergoing beta testing. Admission to this beta program is granted exclusively by Orbit and is non-transferable. You are permitted to use the Platform and Services strictly for lawful purposes. You recognize that the Platform, its capabilities, and data flow are part of a limited beta phase to evaluate early features and underlying architecture. The Platform is provided “as-is” and “as-available” for beta testing, aiming to gather feedback on quality and usability. During this beta period, Orbit may roll out new or updated pre-release features and trial services for your assessment. Orbit isn’t obligated to offer specific beta features. If you opt to use these features, you agree to follow Orbit’s set guidelines. Participating in the beta test binds you to these Terms as if the Platform were a finished product. Orbit reserves the right to terminate or modify any beta feature without notice. You understand that using beta features may prevent reverting to previous versions of similar functionalities. Even if reversion is possible, data created during beta testing might not be recoverable in older versions. Beta features may contain bugs or inaccuracies potentially causing failures, disruptions, downtime, data corruption, or loss. You acknowledge that your use of beta features is at your own risk, and you’re bound by these Terms. Pre-release features may not support rollback or data restoration.

**Who May Use the Services**

You may not use the Platform or Services if you are under the age of eighteen (18). By using the Platform or Services and agreeing to these Terms, you represent and warrant that:

* You are of legal age and have the legal capacity to enter into contracts. If you are entering into this Agreement on behalf of an entity, such as your employer, you represent and warrant that you have the legal authority to bind that entity to these Terms.

·         The information provided when using the Platform or Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

* Neither you nor any entity that owns or controls you is subject to sanctions or listed on any prohibited or restricted parties lists, including but not limited to those maintained by the United Nations Security Council, the United Kingdom government, the U.S. Government (including the Specially Designated Nationals and Foreign Sanctions Evaders Lists of the U.S. Department of the Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or any other relevant governmental authority.
* All registration information you submit are true, accurate, current, and complete.
* You will not access the Platform or Services through automated or non-human means, whether through a bot, script or otherwise.
* You will not use the Platform or Services for any illegal or unauthorized purpose.
* Your use of the Platform or Services will not violate any applicable law or regulation.
* You represent and warrant that all information you provide to Orbit (including your location, residence, and identity information) is truthful and accurate. If such information changes (for example, if you move to a restricted jurisdiction or become subject to sanctions), you agree to stop using the Platform immediately and inform Orbit. You will not attempt to circumvent any restrictions by providing false information or using obfuscation tools (e.g. VPNs in violation of the above).
* By accessing or using the Platform, you represent and warrant that you are not a person, entity, or government subject to sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and you are not located, organized, or resident in any jurisdiction subject to comprehensive U.S. sanctions. You further represent and warrant that you will not access or use the Platform to, directly or indirectly, facilitate any transaction with, or provide any funds, goods, or services to or for the benefit of, any person or entity that is the subject of sanctions or is otherwise blocked under U.S. law, including any entity that is owned, directly or indirectly, fifty percent or more in the aggregate by one or more blocked persons. These representations are a condition of and material to your use of the Platform, and Orbit may rely upon them in providing access. If at any time these representations become inaccurate, you must immediately cease all use of the Platform.

**Account Registration and Your Information**

Use of the Platform and/ or Services. To use the Platform and/or access the Services, you may need to create an Account with us (“Account”). If you create an Account, you agree to keep your Account credentials confidential. You must notify us immediately if you become aware of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you are aware of them, and you are solely responsible for your conduct and any tasks or activities you undertake on the Platform or using the Services.

**Registration.**  To access our Platform or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform, our Services, or otherwise, including, but not limited to, through the use of any interactive features within the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information, consistent with our Privacy Policy.

**Suspension.**  We reserve the right to suspend or terminate your Account if:

·         your use of the Platform or Services (i) poses a security risk to the Platform or any third party, (ii) could adversely impact our systems, the Platform and Services, or the systems of any other User, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be unlawful;

·         you are, or any User is, in breach of this Agreement;

·         you are in breach of your payment obligations under the Agreement; or

·         for entities, you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

Your access to and use of the Platform or Services may be suspended at any time, for any reason, in our sole and absolute discretion, without incurring liability of any kind to you as a result of such suspension or termination.

If we suspend your right to access or use any portion or all of a Service:

·         you remain responsible for all fees and charges you incur during the period of suspension; and you will not be entitled to any fee credits for any period of suspension.

**Responsibility for Digital Assets, Keys and their Security**

Orbit provides a decentralized software interface for executing transactions, but all transactions require full User pre-approval via smart contract interaction. Orbit does not and cannot initiate, modify, or pre-approve transactions on a User’s behalf. The Platform’s role is strictly limited to providing tools for Users to engage directly with the Hedera distributed ledger. Users acknowledge that Orbit does not store, recover, or manage private keys (the “Keys”) or tokens, cryptocurrencies, and other crypto or distributed ledger-based digital assets (collectively “Digital Assets”) and will not be held liable for such Keys or Digital Assets.

All transactions occur in a peer-to-peer manner directly between Users and the underlying smart contracts. Orbit is not a counterparty to these transactions and assumes no responsibility for their execution, settlement, or outcome.

The User is solely responsible for its Digital Assets. The Keys that provide access to your Account may only be available in encrypted form on your device’s browser’s local storage used to access the Services (the storage system is to be referred to hereafter as “Device Storage”). You are responsible for device/browser security and should use appropriate safeguards (e.g., backups, secure devices). Orbit has no ability to recover credentials. Keys are made available for the User to view upon account creation and for as long as they are present in Device Storage. Warnings to save your Keys are available during account creation as Device Storage has no guarantees of permanence or availability. It is your sole responsibility for storage of and security of your Keys. The User is responsible for taking actions to store copies of Keys for the purpose of recovery of access to your Digital Assets. The Keys may be the only way to restore access to your Digital Assets if you lose access to your Account or clear/lose access to your Device Storage. Orbit can provide no guarantees to the permanence or availability of the Device Storage and thus cannot guarantee access to Keys. Note that anyone who has access to your Keys can access, transfer, or spend your Digital Assets. If you lose your Keys, you may not be able to access, transfer, or spend your Digital Assets, and they could be lost permanently.

Orbit does not store copies of Keys and does not custody your tokens, so Orbit cannot assist you in recovering your Digital Assets. You acknowledge and agree that Orbit is not responsible for the security of your Keys. You agree to hold Orbit, its affiliates, representatives, agents, and personnel harmless and that no such party shall be liable in any way if you lose your Keys and cannot access, transfer, or spend your Digital Assets, or if your Keys are accessed by another person who misuses your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Keys or other necessary credentials.

**Platform Features**

By using Orbit’s Platform, Users acknowledge the inherent risks associated with decentralized systems, including but not limited to high network traffic that may cause transaction delays, failures, or increased transaction fees; smart contract vulnerabilities, where publicly accessible contracts may be subject to bugs, exploits, or attacks that could result in loss of assets or other damages; and risks related to third-party integrations, where any malfunction or breach within these external systems is outside of Orbit’s control. Additionally, Users acknowledge that Orbit cannot reverse or recover assets lost due to User error, smart contract vulnerabilities, or third-party system failures. Users are advised to carefully review transaction details and utilize adequate security measures when interacting with the Platform.

Users acknowledge that certain features of the Platform, including buy or sell, may execute transactions upon a single action such as clicking a button, without an additional confirmation prompt or a display of projected transaction fees. By proceeding with these actions, Users authorize the transaction in full, including any fees assessed via smart contract execution. By using these features, Users agree that such actions constitute full authorization of the transaction. Additionally, orders submitted through the Platform are monitored for execution criteria via publicly accessible mechanisms, which may be executed by any network participant interacting with the relevant smart contracts. Orbit does not guarantee the timing, availability, or success of execution and does not act as a counterparty to any transaction. All executions are processed through permission-less smart contracts, and Orbit does not have the ability to reverse or modify any transaction once it has been initiated.

The smart contracts accessible through the Orbit Platform are experimental and may not have undergone formal security audits. While Orbit provides interfaces to these decentralized tools, the underlying smart contracts are deployed on a public ledger and may contain errors, vulnerabilities, or other unpredictable behavior. Use of these contracts is at your own risk. Orbit disclaims all liability for loss of funds or damages arising from the use or interaction with unaudited smart contracts. Users are strongly advised to exercise caution, conduct their own due diligence, and limit exposure when interacting with any decentralized protocols through the Platform.

**Risk Disclaimer**

Orbit is solely a technology provider. Orbit’s Platform is purely a self-directed interface. You retain complete control over your Digital Assets at all times. Orbit never takes custody, possession of, or controls your Digital Assets or Keys. Orbit does not act as an agent, broker, fiduciary, or financial intermediary for any transaction. No advisory, fiduciary, or agency relationship is created by your use of the Platform. All decisions to transact are solely yours, and Orbit exercises no discretion over your transactions. You acknowledge that Orbit has no duty to monitor your trading or protect you from risks beyond providing a functional interface.

You assume all risk in interacting with smart contracts via Orbit. No smart contract or blockchain protocol is guaranteed: known issues like front-running, miner/validator extractable value (MEV), network congestion or outages, consensus failures, or protocol hacks may occur. Orbit provides the Platform “as is” and makes no warranty that smart contracts will operate as expected or be free of vulnerabilities. All transactions are irreversible once submitted, and Orbit has no ability to undo or restore lost Digital Assets. You are solely responsible for using the Platform prudently and understanding these risks before initiating any transaction.

You further understand that the Digital Asset ecosystem is subject to regulatory uncertainty, and assets you interact with on the Platform may be impacted by legal or policy changes. In addition, threats such as software exploits, consensus failures, or unexpected protocol changes (e.g., forks) may materially impact the availability or functionality of services. You agree that Orbit cannot be held responsible for losses resulting from such conditions and that you are solely responsible for evaluating the associated risks.

Orbit does not offer Key recovery services and shall not be held responsible for any losses resulting from Key mismanagement, unauthorized access, or deletion of Keys by Users. Users are solely responsible for securing their credentials, and no Orbit personnel will request your Keys, passwords, or recovery phrases. You acknowledge and agree that failure to securely store your credentials may result in permanent loss of access to your assets.

Users are solely responsible for the accuracy of all transaction inputs, including but not limited to destination addresses, asset types, quantities, and execution parameters. Once a transaction is submitted and confirmed via smart contract interaction, it becomes irreversible and cannot be canceled, rolled back, or modified. Orbit is not responsible for delays, errors, or losses resulting from incorrect input, smart contract behavior, or network conditions.

Users acknowledge that the Orbit Platform interacts with decentralized networks, protocols, and smart contracts that are outside Orbit’s control and may be susceptible to flaws, exploits, bugs, or unexpected behavior. You understand and accept that assets transacted through such systems may be subject to irreversible loss due to code vulnerabilities, liquidity manipulation, reentrancy attacks, or “rug pulls.” Orbit does not vet or endorse any specific token, smart contract, or protocol, and provides access solely as a User interface for public tools. The use of these technologies involves significant risk, and you assume full responsibility for all outcomes resulting from your interactions with them.

Listings. Token listings or contract access via the Platform do not imply Orbit’s review, endorsement, or approval. Users interact with these contracts at their own risk and are solely responsible for evaluating the legitimacy, security, and suitability of any token, liquidity pool, or asset.

Inclusion or display of any token, pool, pair, or contract within the Platform may be modified, filtered, or removed at any time at Orbit’s discretion without notice.

The inclusion of a token, pool, or smart contract within the Platform is automated and not indicative of any diligence or safety review. Users must conduct their own due diligence prior to any interaction.

**Content Ownership, Responsibility, and Removal**

For these Terms’ purposes: (i) “Content” encompasses text, graphics, images, music, software, audio, video, works of authorship, and any information available through our Platform or Services; (ii) “User Content” refers to any material that Users or account holders (including you) upload, submit, store, send, post, or make available via our Platform, Services, or integrated channels. Content includes, without limitation, User Content.

We do not claim ownership over User Content, and these Terms do not restrict your rights to use your contributions; however, you consent to our use of Your Content in any manner that is consistent with the purpose of your use of the Platform or Services or that otherwise facilitates providing the Services to you. Unless explicitly stated otherwise in writing, Orbit does not endorse, promote, evaluate, verify, authorize, or solicit any User Content. User Content may be protected by constitutional or other legal provisions and shall not be interpreted as solicitation.

Orbit and its licensors exclusively own all rights, titles, and interests in and to the Platform, Services, and Content, including associated intellectual property rights, excluding User Content. You agree not to remove, alter, or obscure any proprietary notices on the Platform, Services, or Content.

Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (i) access and use the Services solely in accordance with this Agreement; and (ii) copy and use any software (including machine images), data, text, audio, video, images, or documentation that we offer in connection with the Platform or Services (collectively the “Our Content”) solely in connection with your permitted use of the Platform or Services. Except as provided in this Section, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Platform or Services, including any related intellectual property rights. Some of Our Content and Third-Party Content may be provided to you under a separate license or other open-source license. In the event of any conflict between this Agreement and any separate license, the separate license will prevail with respect to Our Content or Third-Party Content that is the subject of such separate license.

1. License Restrictions. Neither you nor any User will use the Platform or Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except for as authorized, neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Platform or Services (except to the extent Content included in the Platform or Services is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Platform or Services or apply any other process or procedure to derive the source code of any software included in the Platform or Services (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Platform or Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data, or (e) resell or sublicense the Platform or Services unless otherwise agreed in writing by the Company. Without our prior written consent, you will not use, remove, alter or obscure any trademarks, service marks, service or trade names, logos, and other designations of the Company and its affiliates or licensors that we may make available to you in connection with this Agreement. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
2. Feedback. We welcome feedback, comments, ideas, and suggestions for improvements to the Platform or Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon or improvements with respect to and otherwise exploit and commercialize the Feedback and any such derivative works and improvements in any manner and for any purpose.
3. Rights in User Content Granted by You. You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, distribute, create derivative works of, publicly display, and publicly perform your User Content, subject to the Privacy Policy. You warrant and represent that you have the right and authority to submit Your Content and that neither your User Content nor any part thereof infringes, misappropriates or otherwise violates the intellectual property rights or any other rights of any person. You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform or Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. For the purpose of this Agreement, “User Content” means any Content that Users or Account holders (including you) upload, submit, store, send, post or otherwise make available through our Platform or the Platform or Services.
4. Government End Users. You acknowledge that the Services were developed entirely at private expense and that no part of the Services was first produced in the performance of a government contract. You agree that the Services and any derivatives thereof are “Commercial Items” as defined in 48 C.F.R. § 1.101, and if you are the government, then such use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and data, is restricted in accordance with 48 C.F.R. § 1.211, 48 C.F.R. § 1.212, 48 C.F.R. § 1.7102-2, and 48 C.F.R. § 1.7202, as applicable. Consistent with 48 C.F.R. § 1.211, 48 C.F.R. § 1.212, 48 C.F.R. § 1.7102-1 through 48 C.F.R. § 1.7102-3, and 48 C.F.R. §§ 1.7202-1 through 1.7202-4, as applicable, the Services are licensed to government end Users (i) only as Commercial Items and (ii) with only those rights as are granted to all other Users pursuant to these Terms and any related agreement(s), as applicable. Accordingly, you will have no rights in the Services except as expressly agreed to in writing by you and the Company.
5. Monitoring and Enforcement. You acknowledge and agree that as the Services provider, we reserve the right to, without prior notice:

a. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for the Company;

b. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

c. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and

d. Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANYLAW ENFORCEMENT AUTHORITIES.

Notwithstanding the foregoing, we do not control and do not have any obligation to monitor any of (i) the User Content; (ii) any content made available by third parties; and (iii) other use of the Services by our Users. We do not undertake to review User Content prior to it is posted via our Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

**Prohibited Jurisdictions and Eligibility**

Orbit may restrict, deny, or terminate access or interactions involving users, wallets, counterparties, or jurisdictions that present sanctions, export-control, illicit-finance, or other legal or compliance risk. Orbit may rely on geolocation, IP signals, wallet screening, transaction screening, and other risk signals in doing so. Orbit reserves the right to update this list at any time based on regulatory developments or compliance requirements. Users understand that Orbit must comply with U.S. laws and regulations, including economic sanctions and export controls. Any action by a User that would cause Orbit to violate U.S. law is grounds for immediate termination.

Users further agree to comply with all applicable export control laws and economic sanctions regulations, including those administered by the United States Department of Treasury’s Office of Foreign Assets Control (OFAC) and other relevant authorities. You represent that you are not subject to any sanctions or export restrictions, and you agree not to use the Platform in violation of such laws.

The use of software or networking techniques, including Virtual Private Networks (VPNs), to alter your internet protocol address or otherwise bypass this prohibition is strictly forbidden. Any attempts to access or utilize the Platform from these jurisdictions constitutes a violation of these Terms and may lead to immediate termination of your Platform access.

Access to the Platform is prohibited if you are otherwise restricted from using it under applicable law.

Orbit provides decentralized software tools that facilitate interaction with the Hedera distributed ledger, including functionality for executing swaps, limit orders, and conducting on-chain market analysis through smart contract-based systems.

Orbit Labs LLC authors, deploys, and may upgrade these smart contracts as part of the platform’s ongoing development. However, Orbit does not initiate, approve, or execute any transaction on behalf of Users. All actions are initiated by Users and executed directly on-chain.

The Orbit interface functions solely as a front-end gateway to these contracts. Orbit Labs does not act as a broker, custodian, counterparty, or intermediary to any transaction.

Transactions initiated through the Orbit Platform are permissionless and executed directly by Users via Hedera smart contracts. Once confirmed by the Hedera network, these transactions are final and non-reversible. Users are solely responsible for reviewing and approving all transaction parameters prior to submission. While Orbit Labs LLC may author, deploy, and upgrade the smart contracts available through the platform, it has no ability to modify, reverse, or cancel any individual transaction once confirmed on-chain.

Orbit will cooperate with lawful requests from government authorities, including subpoenas, court orders, and regulator inquiries, and may disclose information to the extent required by law or reasonably necessary to protect Orbit or its users. Where a transaction or interaction might be permissible only under a general or specific license issued by OFAC, access will remain disabled unless and until such authorization is in place. Users are responsible for obtaining any licenses applicable to their own activities.

Compliance with applicable laws and regulations remains the sole responsibility of the User. Use of the Orbit Platform is prohibited in any jurisdiction where such access would violate local laws or result in regulatory obligations for Orbit Labs LLC.

Access to the Platform may be restricted at any time, at Orbit’s sole discretion, including but not limited to restrictions based on region, jurisdiction, or known legal risks.

By accessing the Platform, you confirm that you are not subject to any sanctions or included on restricted party lists maintained by the United Nations, European Union, U.S. Government, or any applicable authority.

Neither the Platform nor any service offered through it constitutes an offer, solicitation, or financial advisory service in jurisdictions where such offers are not permitted by law.

**Non-Circumvention.** You agree not to use any technology or method to bypass, avoid, or circumvent these Terms of Service or any technical restrictions implemented on the Platform.

**Prohibited Use: Illicit Finance and Evasion.** You agree not to use, encourage, promote, facilitate, or instruct others to use the Platform for illegal or improper purposes, including money laundering, terrorist financing, sanctions evasion, ransomware payments, fraud, or any other illicit conduct. You also agree not to use technologies or techniques designed to conceal identity or location for the purpose of circumventing Orbit’s access controls or sanctions-screening safeguards. Orbit may deny, suspend, or terminate access, and take any other action it deems appropriate to comply with law, including blocking or rejecting attempted interactions, collecting and retaining information related to such attempts, and notifying authorities where required. These commitments mirror OFAC’s enforcement posture toward services provided to blocked persons and evasion conduct.

Orbit may immediately suspend or terminate your access if it believes in good faith that your use of the Platform violates these Terms, applicable law, or creates undue legal, regulatory, or reputational risk. Upon termination for compliance reasons, your rights to use the Platform cease immediately and without liability to Orbit. This reservation of rights is essential to enforce sanctions restrictions and avoid facilitation risk.

**Compliance Obligations**

The Platform may be unsuitable or unavailable for use in certain jurisdictions. When accessing or using the Platform, you acknowledge full responsibility for compliance with all applicable laws and regulations. Additionally, you acknowledge that we bear no obligation to notify you of potential legal violations or liabilities that might arise from your Platform access and use, and we accept no responsibility for any failure on your part to adhere to relevant laws or regulations.

We retain the authority to suspend Platform access at any time should any Terms violation occur, including but not limited to situations where we determine, at our sole discretion, that you no longer meet the eligibility criteria outlined in these Terms. Furthermore, we reserve the right to impose limitations or restrictions on Platform access for any individual or entity, or within specific geographic areas or legal jurisdictions, at any time and at our sole discretion. We shall not be liable for any losses or damages you may incur resulting from or related to Platform inaccessibility at any time or for any reason.

Orbit reserves the right to cooperate with legal, regulatory, and governmental authorities, and may share User data, metadata, smart contract interactions, or other relevant information when legally compelled or deemed necessary to comply with applicable laws.

By using the Platform, you acknowledge and accept all legal and regulatory risks associated with digital asset interaction in your jurisdiction. It is your sole responsibility to comply with applicable laws. Continued use constitutes affirmative acknowledgment of these risks.

Orbit also reserves the right to suspend, restrict, or terminate access to the Platform and Services at any time if such action is required to comply with applicable laws, regulations, court orders, or requests from governmental authorities. Such actions may be taken without notice and without incurring liability to the affected User.

**Know Your Customer and Anti-Money Laundering Checks**

At our sole discretion, or when required by applicable laws in any jurisdiction, we maintain the right to perform “Know Your Customer” (KYC) and “Anti-Money Laundering” (AML) verifications on Users. Upon request, you agree to promptly provide any information and documentation that we, at our sole discretion, consider necessary or appropriate for conducting these verifications. Required documents may include, but are not limited to, passports, driver’s licenses, utility bills, photographs of associated individuals, government identification cards, or notarized statements. Failure to promptly comply with any Orbit request for KYC/AML information or documentation may result in suspension or termination of your access. Orbit’s decisions in this regard are final, and Orbit assumes no liability for blocking access in compliance with applicable laws.

Regardless of any provisions herein, we may, at our sole discretion, deny Platform access until requested information is furnished, or if available information suggests you may be using the Platform in connection with money laundering, terrorism financing, or other illegal activities. Additionally, we are entitled to employ all available measures to prevent money laundering, terrorism financing, or other illegal activities, including but not limited to blocking your Platform access or sharing your information with relevant regulatory authorities.

**Assignment; Affiliates; Platform Restructuring.**   For purposes of these Terms, “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Orbit Labs LLC.

Orbit Labs LLC may assign, transfer, delegate, subcontract, or otherwise restructure any portion of its rights, obligations, platform operations, smart contract administration, token- or NFT-related functionality, or service delivery to one or more Affiliates or successor entities (including entities formed in other jurisdictions), to the extent permitted by applicable law. For avoidance of doubt, any NFT or token utility rights are governed by our separate NFT Ownership & License Agreement, which prevails over these Terms for those specific assets

Where such changes involve the processing of personal data, Orbit will implement appropriate safeguards required by applicable data protection laws (as described in the Privacy Policy). Continued use of the Platform constitutes acceptance of any permitted assignment or restructuring.

**Network Events**

Orbit has no obligation to support, credit, or enable access to any airdrop, fork, token migration, protocol upgrade or downgrade, or similar event affecting any network or asset. Orbit may, at its sole discretion, choose whether and how to support any such event.

**No Reliance on Forward-Looking Statements.**  Users acknowledge that any statements, representations, or communications made by Orbit, whether in marketing materials, roadmap documents, social media, or otherwise, are non-binding and for informational purposes only. No such statements shall create any enforceable obligation or representation of future delivery, and Users agree not to rely on them when using the Platform or purchasing any associated assets, including NFTs or tokens.  For avoidance of doubt, any NFT or token utility rights are governed by our separate NFT Ownership & License Agreement, which prevails over these Terms for those specific assets

If you do not agree to the updated Terms, you must stop using the Platform and Service. As the Service evolves, we may change or discontinue all or any part of the Platform and Service at any time, without notice, and at our sole discretion. If you do not agree to the modified Terms, you must not use the Platform or Service.

**Third-Party Services and Terms**

When you use our Platform and/or Service, you may also be utilizing the functionality of third parties. Your use of these and other third-party software (“Third-Party Service”) will be governed by the privacy policies, terms of service, and similar policies and terms, as well as any applicable fees of those third parties. In the event that the terms of these third parties conflict with these Terms, these Terms will take precedence to the fullest extent permitted by law.

Orbit may rely on or provide links to third-party services, APIs, decentralized protocols, and other tools as part of its offering. These third-party services are not controlled by Orbit, and Orbit makes no representations or warranties regarding their accuracy, availability, legality, or reliability. Orbit shall not be liable for any damages or losses incurred from the use of or reliance upon third-party services, whether integrated into or accessed through the Platform. Your use of any third-party service is solely at your own risk.

Orbit may engage third-party service providers for functions including but not limited to compliance monitoring, analytics, and User engagement. You acknowledge that your use of such third-party services is subject to their respective privacy policies and terms. Orbit disclaims responsibility for data collected, stored, or processed by these third-party providers, and recommends that Users review those third parties’ privacy practices.

Orbit does not vet, endorse, or guarantee any third-party content, tokens, or smart contracts accessible through the Platform. Inclusion of a token or protocol in the Orbit interface does not signify approval or security of that item. You must use independent judgment and due diligence before interacting with any third-party offerings.

Orbit is not responsible for any losses or issues arising from your use of external wallets, nodes, bridges, exchanges, or other tools that the Platform may integrate or connect to. For example, if you use a third-party wallet (like a browser extension) or a liquidity source through Orbit, any malfunction or security breach of that third-party is outside Orbit’s control, and you must contact that third party for support.

Any airdrop, reward, or promotion advertised by a third party in connection with Orbit (for example, a token project offering rewards to Orbit Users) is solely between you and that third party. Orbit does not sponsor or guarantee such offers, and you participate at your own risk.

**Rights in User Content Granted by You**

You grant Orbit a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, publicly display, and publicly perform your User Content, in accordance with the Privacy Policy.  This license to Orbit survives termination of this Agreement for so long as needed to operate the Platform, but it does not transfer ownership of your content – you retain ownership. It simply allows Orbit to display, transmit, and store your content as necessary to provide the Services. All use of Your Content by Orbit remains subject to our Privacy Policy.

You represent and warrant that you have the right and authority to submit your User Content, and that neither your User Content nor any part of it infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person.

You acknowledge that, in certain instances, even after you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments) may not be completely removed, and copies of your User Content may persist on the Service. Orbit bears no responsibility or liability for the removal or deletion of (or the failure to remove or delete) any of your User Content.

**Rights in Platform and Service Granted by Orbit**

Orbit (and its licensors) retain all rights, title, and interest in and to the Platform, Services, and all content provided by us (“Our Content”), including all software, code, data, text, graphics, logos, and trademarks. Except for the limited, revocable license expressly granted to you to use the Platform for your personal, lawful use, nothing in these Terms transfers any Orbit intellectual property to you. You agree not to remove or obscure any copyright, trademark or proprietary notices on the Platform. All Orbit names, logos, and branding are trademarks of Orbit or its affiliates, and you may not use them without our prior written consent, except as allowed by applicable law.

You commit to using the Platform and Service only as explicitly allowed in this Agreement. Unless specifically authorized, you agree not to: (i) alter or create derivatives of Service Content (except where separately licensed), (ii) deconstruct the Platform’s software, (iii) use the Service to avoid fees or exceed limits, (iv) extract data through automated means, or (v) resell or offer the Service through alternative models. Using Orbit’s branding requires prior written consent. You’ll avoid misrepresenting our relationship or implying any endorsement. You won’t suggest any affiliation between us.

**Orbit Affiliates, Referrals, and Trading Rewards**

Orbit may offer referral, rebate, fee-reduction, points, or other user-benefit programs from time to time. Any such program is discretionary and may be modified, paused, capped, restricted, or discontinued at any time, including for legal, compliance, anti-abuse, security, technical, or operational reasons.

Participation in any such program does not create any entitlement, compensation arrangement, advisory relationship, employment relationship, partnership, investment program, or promise of financial return. No statement on or off the Platform should be understood as guaranteeing any specific benefit, payout, outcome, or economic return.

Eligibility for any user-benefit program may depend on account status, wallet requirements, technical conditions, anti-abuse reviews, and other program rules that Orbit may apply from time to time. Before being claimed or delivered, any benefit may be withheld, adjusted, limited, delayed, or cancelled at Orbit’s discretion, including where Orbit identifies fraud, manipulation, sybil activity, artificial volume, prohibited conduct, or other suspicious activity.

Orbit may distribute user benefits in various forms, including fee reductions, rebates, points, token-denominated benefits, or other platform-related benefits, in each case as determined by Orbit in its discretion. The form, timing, frequency, and method of any distribution may change over time.

All referral, rebate, points, trading-related, and other user-benefit programs are intended as platform utility or engagement features only. Users should not purchase NFTs, participate in trading, or refer others with any expectation of profit or financial return.

**Benefits and Rewards Are Discretionary.**  Any utilities, fee reductions, points, rebates, airdrops, rebates, boosts, tiers, referral or trading rewards, or other perks offered through the Platform (collectively, “Benefits”) are discretionary, may not carry monetary value, and may be changed, delayed, capped, restructured, or discontinued at Orbit’s sole discretion at any time, including to comply with law. No Benefit is guaranteed, and no statement on or off the Platform shall be construed as a promise or entitlement.

**Form of Rewards.**  Benefits, including any rebate, may be distributed in $ORBIT or another token designated by Orbit, and the method and frequency of distribution may change over time at Orbit’s discretion.

**Fees**

Accessing certain Service aspects may incur fees, including charges for token exchanges facilitated by third-party platforms, fees from our platform, and fees for using the Hedera network infrastructure. These fees can change without warning. Any prices or exchange rates shown before execution are estimates. The actual execution price may differ due to market movements or slippage by the time your transaction is processed. Orbit is not liable for any difference between quoted prices and execution prices

You are responsible for network fees (gas costs) required to execute transactions on Hedera or any supported network, in addition to Orbit’s platform fees. These fees are typically charged by the network and are outside Orbit’s control.

Orbit applies a base 1% transaction fee on all buy and sell transactions. This fee is automatically deducted through smart contract settlement at the time of the transaction. All fees are non-refundable. Users are responsible for ensuring transaction details are accurate before approval, as Orbit cannot reverse or refund any settled transaction.

Third-party functionality might involve additional charges. For instance, decentralized apps accessed through the Platform, including via the buy/sell features, may levy fees. Orbit bears no responsibility for any third-party charges or fees related to external services linked to or accessed via the Platform or Service.

While the Service may in some cases attempt to provide transaction estimates, no guarantee is made that projected fees or total costs will be displayed on the Platform prior to transaction submission. All fees are assessed automatically via smart contract execution, and final amounts may differ from any estimate. You acknowledge that these estimates are not guaranteed, may be unavailable, and that actual costs are determined only upon review of the transaction on-chain. Particularly for buy and sell type functionalities, you understand that exchange rates and prices are estimates subject to change. Orbit cannot be held accountable for, and you release Orbit from, any losses or liabilities stemming from inaccurate fee estimates related to any Service use.

Taxes. You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Platform, including receipt of any Benefits. Orbit does not provide tax advice and does not withhold, collect, report, or remit taxes on your behalf. You are solely responsible for reporting and paying any applicable taxes, duties, or fees to tax authorities. Orbit will not provide any tax documents or advice; consult your tax advisor.

**No Investment Advice**

WE MAY PROVIDE THIRD-PARTY-SOURCED DIGITAL ASSET DATA VISIBLE THROUGHOUT THE PLATFORM. WE MAY LABEL WARNINGS OR RESTRICT SERVICE INTERACTIONS WITH CERTAIN ASSETS. THE INFORMATION PROVIDED IS NOT A SOLICITATION FOR USER-INITIATED SWAPS; WE ARE NOT PROMOTING ANY ACTIONS THROUGH THIS DATA. ALL PRODUCT INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE OR SAFETY ENDORSEMENTS. DO NOT MAKE ANY INVESTMENT DECISIONS BASED ON OUR PRODUCT INFORMATION. OFFERING TOKEN DATA DOES NOT IMPLY INVESTMENT RECOMMENDATIONS OR ENDORSEMENTS OF ANY TRANSACTIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF INVESTMENTS BASED ON YOUR PERSONAL SITUATION. ORBIT EXPRESSES NO OPINIONS ON SPECIFIC TOKENS, TRADING STRATEGIES, PROTOCOLS, OR SYSTEMS.

ORBIT PROVIDES ACCESS TO DECENTRALIZED FINANCIAL TOOLS THROUGH SOFTWARE INTERFACES, WHICH ARE INTENDED FOR INFORMATIONAL AND TRANSACTIONAL PURPOSES ONLY. THE PLATFORM DOES NOT FUNCTION AS A BROKER, ADVISOR, EXCHANGE, OR FINANCIAL INSTITUTION. USE OF THE PLATFORM DOES NOT CONSTITUTE ANY FORM OF INVESTMENT AGREEMENT, BROKERAGE RELATIONSHIP, OR FIDUCIARY ARRANGEMENT BETWEEN YOU AND ORBIT.

**Acceptable Use and Enforcement Rights**

You agree not to use the Platform or Services in ways that:

1. Violate, misappropriate, or infringe the rights of Orbit, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights;
2. Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive, or that instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
3. Involve falsehoods, misrepresentations, or misleading statements, including impersonating someone;
4. Involve sending illegal or impermissible communications such as bulk messaging, auto- messaging, auto-dialing, and the like;
5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platform, Services or Content;
6. Disguise your location through IP proxying or other methods;
7. Interfere with, or attempt to interfere with, the access to the Platform or Services of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
8. Circumvent any content-filtering techniques, security measures or access controls that the Company employs on the Platform or the Services in any manner;
9. Could interfere with, disrupt, negatively affect or inhibit other Users from enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Platform or the Services;
10. Violate any applicable law or regulation, including, without limitation any applicable import, re-import, sanctions, anti-boycott, export, re-export control, anti- money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury’s Office of Foreign Assets Controls and any other applicable local laws and regulations outside of the British Virgin Islands, Singapore and the Cayman Islands, or United States; and
11. Encourage or enable any other individual to do any of the foregoing.
12. By using the Platform or the Services, you further represent, warrant and covenant that:
13. Any Digital Assets you transfer using the Platform or the Services have been legally obtained by, and belong to, you;
14. You will not provide any false, inaccurate or misleading information while using the Platform or the Services, or engage in any activity that operates to defraud the Company, other Users of the Services, or any other person or entity;
15. You will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
16. Any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such assets; and
17. You will pay all fees necessary for interacting with any other network with which the Services are compatible, including but not limited to all fees charged by us for your use of the Platform and the Services.
18. Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Platform and the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws. Without limiting the foregoing, you may not use the Platform or download or use the Services if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury’s financial or other sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial or other sanctions regime; or (ii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial or other sanctions regime.

**Third-Party Resources and Promotions**

Orbit’s Service might include references or links to external resources, such as information, materials, products, or services, that Orbit doesn’t own or control. Furthermore, external parties may offer promotions related to your access and use of Orbit’s Platform. Orbit doesn’t approve, monitor, endorse, warrant, or assume any responsibility for these external resources or promotions. Should you access such resources or participate in such promotions, you do so at your own risk, understanding that this Agreement doesn’t apply to your interactions or relationships with any third parties. You explicitly release Orbit from any and all liability stemming from your use of these resources or involvement in these promotions.

Orbit does not vet or certify any third-party tokens, smart contracts, or assets. Token listings or access via Orbit’s Platform do not constitute endorsement, verification, or guarantees of legitimacy, stability, or value.

**Warranty Disclaimers**

**DISCLAIMER.** THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (I) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, THE THIRD PARTY CONTENT, OR THE THIRD PARTY SERVICES, AND (II) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (B) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (C) THAT THE SERVICES, THIRD PARTY CONTENT, OR THIRD PARTY SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, SECURE, OR FREE OF HARMFUL COMPONENTS, AND (D) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

YOU ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND (VII) INTELLECTUAL PROPERTY INFRINGEMENT OF ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM THE COMPANY THAT IS NOT OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.

**Acknowledgment of Certain Risks.** By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Orbit are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire, including through a third-party exchange accessed via swaps may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting Losses that you experience while accessing or using the Platform or the Services.

The Platform and Services and your Digital Assets could be impacted by one or more government or regulatory inquiries or government or regulatory actions, which could impede or limit the ability of the Company to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Services.

You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and our Services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update the Company-developed smart contracts related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the Services.

You understand that Orbit (and all other networks with which the Platform may be compatible) remains under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on Orbit is variable and may increase at any time, thereby impacting any activities taking place on Orbit, which may result in price fluctuations or increased prices for using the Services.

You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Platform or the Services. This warning and others which the Company provides in these Terms in no way evidence or represent any on-going duty to alert you of the potential risks of utilizing the Services or accessing the Platform.

Although we intend to provide accurate and timely information on the Platform and during your use of the Platform and the Services, that intention does not reflect a binding commitment, and the Platform and other information available when using the Services may not be accurate, complete, error- free or current. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it in any manner, and all decisions based on such information contained on the Platform or made available through the Services are your sole and absolute responsibility. No representation of any kind or nature is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing or other information distributed via the Platform or the Services. Pricing information may be higher or lower than prices available on platforms providing similar services.

Any reference to a type of Digital Asset on the Platform or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset and the use and availability of any particular blockchain.

Use of the Services, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform and the Services at your own risk. The risk of loss in trading Digital Assets can be substantial (all the more so if you are leveraged). You should, therefore, carefully assess whether such trading is suitable and appropriate for you in light of your circumstances and financial resources. By using the Platform and the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Services or any Digital Asset. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Services for performing Digital Asset transactions.

The Company is a developer of software. The Company is not a broker, nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions between Users of the Company-developed software are executed peer-to-peer directly between the Users’ Orbit (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”) and all foreign laws that apply to you and your trading.

You understand that the Company is not registered or licensed by the CFTC, SEC, or any other financial regulatory authority (whether in the United States\*\* \*\*or elsewhere). No financial regulatory authority has reviewed or approved the use of the Company -developed software that comprises the Platform and the Services. The Platform and the Company-developed software do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. The Company is not acting as an investment manager, adviser, arranger, introducer or commodity trading adviser to any person or entity.

You expressly agree that you assume all risks in connection with your access and use of the Platform and the Services and your interaction therewith. You further expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Platform and the Services and your interaction therewith. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “\[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Digital assets are highly volatile. The value of a token may drop to zero or spike dramatically in short periods. No digital asset has any intrinsic or guaranteed value, and no government or other entity backs your assets. You should only trade or invest funds you are prepared to lose entirely. Orbit does not guarantee the market price or value of any asset at any time.

Digital asset transactions are irreversible and uninsured. Unlike bank accounts, crypto transactions have no FDIC or SIPC insurance and typically no recourse if you make an error or are defrauded. Orbit cannot reverse any transaction or recover lost assets.

**Access controls, screening, and monitoring consent.**  You acknowledge and consent that Orbit may employ technical measures to restrict access based on IP address, network signals, or other indicators of jurisdiction or sanctions risk, and may screen wallet addresses and transactions against sanctions and law-enforcement identifiers before enabling any interaction with the Platform. Orbit may deny access or functionality to any user or wallet where Orbit, in its good-faith judgment, identifies a sanctions or illicit-finance risk inconsistent with this Policy or applicable law. You consent to Orbit’s collection and retention of records associated with access controls, screening results, and rejected interactions for at least the period required by applicable law, currently ten years for sanctions-related records. This language informs users of consent to screening and aligns recordkeeping with 31 CFR Part 501.

Changes in law or regulatory status.  Orbit may modify, suspend, or terminate any aspect of the Platform, or impose additional conditions or restrictions, if required to comply with applicable law or where Orbit reasonably determines that its activities could be interpreted as regulated money transmission. Where feasible, Orbit will provide notice before implementing material changes. Continued use of the Platform after changes take effect constitutes acceptance of those changes.

**Regulatory Status of the Platform**

Orbit is not registered with the U.S. Securities and Exchange Commission as a national securities exchange or with any other governmental agency in any capacity. Orbit does not issue or facilitate the sale of securities, derivatives, or financial products. The platform provides access to decentralized smart contracts for informational and utility purposes only, and should not be interpreted as offering investment opportunities or soliciting financial returns. Orbit provides software services. Orbit does not custody Digital Assets or your private keys. Orbit does not match or settle trades. You understand and acknowledge that Orbit does not solicit trades or broker trading orders on your behalf.

If you use Orbit’s tools to create a digital wallet, you acknowledge and agree that such wallets are fully self-custodied and under your sole control. Orbit does not store, access, or have the ability to recover your wallet credentials, seed phrase, or private keys. You are solely responsible for securely storing this information. Loss of your credentials may result in permanent loss of access to your Digital Assets, and Orbit cannot assist with recovery.

Orbit is intended to operate as a non-custodial software provider and not as a bank or custodian. Orbit does not accept deposits, transmit funds on your behalf, or take possession or control of your digital assets. No governmental deposit insurance or banking protections, including FDIC or FSCS protection, apply to digital assets you interact with through the Platform. All transactions are self-directed by users and occur on public distributed ledgers. Orbit may implement additional onboarding, screening, restrictions, or other controls, or modify service availability, if required by applicable law or if Orbit determines that its activities could implicate money transmission, sanctions, or other regulated activity.

**Indemnity**

You agree to indemnify, defend, and hold harmless Orbit, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively referred to as the “Orbit Parties”) from and against any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees. This indemnification applies to any issues arising from or related to (i) your access to or use of the Platform, Service, or Content, (ii) your User Content, (iii) Third Party Services, or (iv) any violation of these Terms on your part.

This indemnity covers claims arising from your use of smart contracts, interaction with decentralized protocols, reliance on third-party tools, submission of inaccurate information, or misuse of the Platform. You further agree to indemnify the Orbit Parties for any claims related to your failure to comply with applicable laws or these Terms.

**Limitation of Liability**

UNDER NO CIRCUMSTANCES SHALL ORBIT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR FROM ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP, OR THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ORBIT HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

DIGITAL ASSETS ARE AN EMERGING TECHNOLOGY AND ARE OFTEN VULNERABLE TO SECURITY COMPROMISES OR HACKS. YOU UNDERSTAND AND WAIVE ANY SUCH RISK IN USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ORBIT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTIONS.

YOU AGREE THAT ORBIT SHALL NOT BE HELD LIABLE FOR ANY ISSUES RESULTING FROM SMART CONTRACT FAILURES, TRANSACTION REORDERING, FRONT-RUNNING, DELAYS, PRICE SLIPPAGE, CONSENSUS FAILURES, FORKS, OR TECHNOLOGICAL BUGS AFFECTING THE PLATFORM. ALL SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY, AND YOU ACCEPT THE FULL RISK OF USE.

**Mandatory Arbitration; Class Action Waiver**

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

**Agreement to Arbitrate.**  Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Platform, any smart contracts made available through the Platform, or the relationship between you and Orbit (collectively, “Disputes”) will be resolved by final and binding individual arbitration and not in a court of la  unless (A) your Country of Residence does not allow this arbitration agreement; (B) you opt out as provided below; or (C) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and the Company further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction.

For the purposes of this Agreement, “Country of Residence” to arbitrate means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Company Services. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

**Notice of Dispute.**  We want to address your concerns without the need for a formal legal dispute. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us at <legal@orbit-hbar.io> to notify us of the actual or potential Dispute. Similarly, we will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) the name of the User, the Notifying Party’s contact information for any communications relating to such Dispute (including for the Notifying Party’s legal counsel if it is represented by counsel in connection with such Dispute), and sufficient details regarding such Dispute to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.

If, notwithstanding the Notifying Party’s compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within thirty (30) days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of this Agreement, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred in connection with such Dispute.

Agreement to Arbitrate.  We both agree to arbitrate (unless you opt out as described below). You and the Company each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement to Arbitrate” below.

**Exceptions to Agreement to Arbitrate.** The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

**You and the Company agree that:**

1\.         If you are located in the United States: This Agreement and any Dispute (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Wyoming. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules exist on the effective date of this Agreement, including Rules 1.1 and 1.2 of those Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a Wyoming state court. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights;

2\.         If you are located in any territory that is other than the United States, this Agreement and any Dispute (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Singapore. Any claim relating in any way to this Agreement, the Platform or Services, your use of the Platform or Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the Singapore International Mediation Centre Rules. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be Singapore.

You and the Company further agree that, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means.

You and the Company agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor the Company may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against the Company will be deemed a Collective Arbitration if (a) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (b) counsel for the claimants are the same, share fees or coordinate across the arbitrations. For the purpose of this provision, “Concurrently” means that both arbitrations are pending (filed but not yet resolved) at the same time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS OF SERVICES, AND THAT IT IS ENTERED INTO AFTER CAREFUL CONSIDERATION AND WITH FULL KNOWLEDGE OF ITS LEGAL CONSEQUENCES. THIS WAIVER SHALL BE BINDING ON THE PARTIES AND THEIR SUCCESSORS AND ASSIGNS, AND MAY ONLY BE MODIFIED OR WAIVED IN WRITING SIGNED BY BOTH PARTIES. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.

Notwithstanding your and the Company’s agreement to arbitrate Disputes, either you or the Company shall retain the following rights: (i) the right to bring an individual action in small claims process in the courts of your Country of Residence; and (ii) the right to seek provisional relief in aid of arbitration in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Further, this agreement to arbitrate does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your Country of Residence; you shall retain any such rights and this agreement to arbitrate shall be construed accordingly.

Except as otherwise required by applicable law or provided in this Agreement, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and the Company agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Singapore. Both you and the Company consent to venue and personal jurisdiction there; provided that either party may seek provisional relief in aid of arbitration to enforce its intellectual property rights as provided above or bring an action to confirm an arbitral award in any court having jurisdiction.

This agreement to arbitrate shall survive the termination of this Agreement. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. In the event that a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of this Agreement unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to Section 1.1.

**Administrator; Rules.** The arbitration will be administered by the Judicial Arbitration and Mediation Services (JAMS) under its applicable rules. The rules are available from JAMS upon request.

**Individual Basis; Class Action Waiver.**  YOU AND ORBIT AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve the individual Dispute.

Exceptions.  Either party may: (i) bring an individual action in small claims court if it qualifies; and (ii) seek injunctive or equitable relief in a court of competent jurisdiction for alleged unlawful use or infringement of intellectual property or to prevent unauthorized access, abuse, or security compromise, to the extent such relief is not available through arbitration.

**Arbitrator Authority.** The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court may determine the enforceability of the class action waiver.

**Time Limit.**  Any claim must be brought within the time period permitted by applicable law, or it is permanently barred.

**Opt-Out.** You have the right to opt out of this arbitration agreement. If you do not wish to be bound by arbitration and class-waiver provisions, you must notify us by email at <legal@orbit-hbar.io> within 30 days of first accepting these Terms, stating your name and intent to opt out. Opting out will not affect any other provisions of these Terms. If you do not opt out within 30 days, you will be bound to arbitrate disputes on an individual basis as described above.

**Miscellaneous.**

**Assignment.** Without our prior written consent, you will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement. Any assignment or transfer in violation of this Section will be void. We may assign this Agreement without your consent (i) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (ii) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

**DAOs.**  As a blockchain native company, we may interact with and provide certain Services to DAOs. Due to the unique nature of DAOs, to the extent the DAO votes in favor of and/or accepts such Services from the Company, the DAO has acknowledged and agreed to these Terms in their entirety. For the purpose of this Agreement, “DAO” means Decentralized Autonomous Organization.

**Entire Agreement and Modifications.**  This Agreement (including the incorporated Privacy Policy) constitutes the entire and exclusive understanding and agreement between you and us regarding the subject matter of this Agreement. If these Terms are inconsistent with the terms contained in any policy, these Terms will control. We may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Updated” date at the beginning of this Agreement. By continuing to use the Platform or the Services following the release of updated Terms, you consent to the updated Terms. We invite you to check this page regularly for updates to these Terms.

**Force Majeure.**  Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber-attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

**No Waivers.** Our failure to enforce any right or provision of these Terms will not be considered a present or future waiver of such right or provision nor limit our right to enforce such provision at a later time. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

**Language.** All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

**Independent Contractors; Non-Exclusive Rights.** You and the Company are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (i) to develop or have developed for its products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (ii) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

**No Professional Advice or Fiduciary Duties.**  All information provided in connection with your access and use of the Platform and the Services should not and may not be construed as legal, financial or professional advice. You should not take, and should refrain from taking, any action based on any information contained on the Platform or in the Services, or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Platform or the Services or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).

**No Third-Party Beneficiaries.** Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

**Severability.**  If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

**Survival.** The following sections survive termination of these Terms: Ownership; Prohibited Jurisdictions and Eligibility; Compliance Obligations; KYC/AML; No Investment Advice; Warranty Disclaimers; Indemnity; Limitation of Liability; Governing Law; Mandatory Arbitration; Force Majeure; Network Events; and any other provisions which by their nature should survive.

**Governing Law.**  These Terms shall be construed and enforced in accordance with the laws of the state of Wyoming applicable to contracts entered into and performed in Wyoming by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).

**Notice.** We may provide any notice to you under this Agreement using commercially reasonable means, including: (i) posting a notice on the Platform; (ii) sending a message to the email address then associated with your account; (iii) posting the notice in the interface of the applicable Services; or (iv) using public communication channels. Notices we provide by posting on the Platform or using public communication channels will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current to the extent you have an account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

**Contact Information**

In the event of any discrepancy between translated versions of this Agreement and the original English version, the English version shall prevail.

If you have any questions about these Terms or the Service, please contact us at <legal@orbit-hbar.io>